Would provide clean up language to 2019’s SB 323 (Wieckowski).
Current Status: Dead
FindHOALaw Quick Summary:
Existing law provides for nomination by acclamation in an election of members of the board of directors of the association if certain conditions are satisfied, including that the association permits all candidates to run if nominated. However, an association is authorized to disqualify a person from nomination under certain circumstances, including if the person has been a member of the association for less than one year.
This bill would amend Civil Code Section 5100 to include among the permissible reasons for disqualifying a person from nomination if the person has served the maximum number of terms or sequential terms allowed by the association.
Existing law requires an association to adopt operating rules for appointing one or 3 independent third parties as inspectors of elections and that allow the inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes, provided that the persons are independent third parties. Existing law specifies criteria for who an independent third party may be, including a volunteer poll worker with the county registrar of voters, among others.
This bill would amend Civil Code Section 5105 to require the additional persons to be appointed and overseen by the inspectors of election to also satisfy the criteria of who may be an independent third party.
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from the California Legislature's website
Related Topics
- AB-502 (Davies) Common interest developments: election requirements.
- Uncontested Elections (Elections by Acclamation)
- “Record Date” for Elections & Voter List
- Inspection of Ballots
- Legal Challenge to Election
- Candidate Nomination
- Equal Access During Campaigns
- Election Rules
- Inspectors of Elections
- Election Entirely by Mail
- Balloting Requirements & Procedures
- Elections Requiring Secret Ballots
- Director Qualifications
Related Statutes
- SB-754 (Moorlach) Common interest developments: board members: election by acclamation.
- SB 323 (Wieckowski) Common interest developments: elections.
- SB 1265 (Wieckowski) Common interest developments: elections.
- AB 1426 (Irwin). Common interest developments: association governance: elections.
- Civil Code Section 5145. Enforcement of Election Requirements.
- Civil Code Section 5130. Proxies.
- Civil Code Section 5125. Custody of Ballots.
- Civil Code Section 5120. Counting Ballots.
- Civil Code Section 5115. Ballot and Voting Procedure.
- Civil Code Section 5110. Inspector of Elections Required.
- Civil Code Section 5100. Elections Held by Secret Ballot.
Related Case Law
- That v. Alders Maintenance Corporation
(2012) 206 Cal.App.4th 1419
[Elections; Legal Challenges] Where a HOA prevails in an action brought against it on the basis of alleged election violations, the HOA is not entitled to recover its attorney’s fees even where the action is found to be frivolous.
Related Links
SB 323 Signed! The New State of HOA Election Laws - Published on HOA Lawyer Blog (October 2019)
Equal Access to HOA Media Outlets During Election Campaigns - Published on HOA Lawyer Blog (July 2013)
Recovering Attorneys' Fees in HOA Election Disputes - Published on HOA Lawyer Blog (September 2012)
Challenges to HOA Elections: Facts and Consequences - Published on HOA Lawyer Blog (April 2012)